Title 36, Chapter 91, Section 22
( 36-91-22)
(a) The requirements of this chapter shall not apply to public works
construction projects, when the same can be performed at a cost of
less than $100,000.00. Public works construction projects shall not
be subdivided in an effort to evade the provisions of this chapter. (b) Any governmental entity having a correctional institution shall
have the power and authority to purchase material for and use inmate
labor in performing public works construction projects; and in such
cases, this chapter shall not apply. Any governmental entity may
contract with a governmental entity having a correctional
institution for the use of inmate labor from such institution and
use the inmates in the performance of any public works construction
project; and in such cases, this chapter shall not apply. (c) In the event that the labor used or to be used in a public works
construction project is furnished at no expense by the state or
federal government or any agency thereof, the governing authority
shall have the power and authority to purchase material for such
public works construction project and use the labor furnished free
to the governmental entity; and in such case, this chapter shall not
apply. (d) Where a public works construction contract involves the expenditure of federal assistance or funds, the receipt of which is conditioned upon compliance with federal laws or regulations regarding the procedures for awarding public works construction contracts, a governmental entity shall comply with such federal requirements and shall not be required to comply with the provisions of this chapter that differ from the federal requirements. The governmental entity shall provide notice that federal procedures exist for the award of such contracts in the advertisement required by subsection (b) of Code Section 36-91-20. The availability and location of such federal requirements shall be provided to any person requesting such information. (e) The requirements of this chapter shall not apply to public works
construction projects necessitated by an emergency; provided,
however, that the nature of the emergency shall be described in the
minutes of the governing authority. Any contract let by a county
pursuant to this subsection shall be ratified, as soon as
practicable, on the minutes of the governing authority, and the
nature of the emergency shall be described therein. (f) Except as otherwise provided in Chapter 4 of Title 32, the
requirements of this chapter shall not apply to public works
construction projects subject to the requirements of Chapter 4 of
Title 32. (g) The requirements of this chapter shall not apply to public works
construction projects or any portion of a public works construction
project self-performed by a governmental entity. If the
governmental entity contracts with a private person or entity for a
portion of such project, the provisions of this chapter shall apply
to any such contract estimated to exceed $100,000.00. (h) The requirements of this chapter shall not apply to sole source
public works construction contracts.
(i) The requirements of this chapter shall not apply to hospital
authorities; provided, however, that a public works construction
contract entered into by a hospital authority shall be subject to
the requirements of this chapter if, in connection with such
contract, the hospital authority either: (1) Incurs indebtedness and secures such indebtedness by pledging amounts to be received by such authority from one or more counties or municipalities through an intergovernmental contract entered into in accordance with Code Section 31-7-85; or (2) Receives funds from the state or one or more counties or
municipalities for the purpose of financing a public works
construction project, which moneys are not for reimbursement of
health services provided. |